International Adoptions in Dominican Republic
Provided by Wendy Diaz & Associates, P.A.
LIST AND PROCEDURE SUMMARY FOR ADOPTION IN DOMINICAN REPUBLIC.
The following is a complete list of documents needed to start an adoption procedure in Dominican Republic and a summarization of corresponding procedure. We shall receive at the beginning of the process, all of the documents listed below in order to file corresponding application with the Central Adoption Authority in Dominican Republic (ORGANISMO RECTOR DEL SISTEMA DE PROTECCION DE NINOS, NINAS Y ADOLESCENTES DE REPUBLICA DOMINICANA):
1.-PHOTOCOPIES OF FIRST PAGES OF PASSPORTS
2.- POWER OF ATTORNEY FORM DULY SIGNED AND LEGALIZED BEFORE NOTARY PUBLIC
3.- BIRTH CERTIFICATES OF BOTH ADOPTIVE PARENTS DULY CERTIFIED BY THE COUNTY CLERK (THE PROVINCE GOVERNMENT)
4.- MARRIAGE CERTIFICATE OF ADOPTIVE PARENTS DULY CERTIFIED BY THE COUNTY CLERK (IN THE CASE YOU HAVE BEEN MARRIED FOR LESS THAN 5 YEARS, THEN WE WOULD NEED A CERTIFICATION ISSUED BY A NOTARY PUBLIC AND MADE BEFORE 7 WITNESSES STATING YOU LIVED TOGETHER BEFORE GETTING MARRIED AND MAKING IT CLEAR THAT YOU HAVE LIVED TOGETHER FOR AT LEAST 5 YEARS)
5.- REPORT OF A PSYCHOLOGICAL STUDY MADE TO ADOPTIVE PARENTS IN THE COUNTRY OF RESIDENCY
6.- SOCIAL STUDY MADE TO ADOPTIVE PARENTS BY A FAMILY INSTITUTION
7.- MORAL AND SOCIAL COMPLIANCE OF ADOPTIVE PARENTS ISSUED BY AN OFFICIAL INSTITUTION IN CHARGE OF THE ADOPTIONS IN THE COUNTRY OF RESIDENCY;
8.- CERTIFICATES OF GOOD BEHAVIOUR ISSUED BY THE POLICE DEPARTMENT OR THE DISTRICT’S ATTORNEY OFFICE OF YOUR COUNTY OR CITY
9.- PROOFS OF FINANCIAL SOLVENCY: BANK LETTER, JOB CERTIFICATIONS; DECLARATION OF INCOME; TAX PAYMENT REPORTS, AMONG OTHERS;
10.- MEDICAL CERTIFICATES FOR BOTH ADOPTIVE PARENTS;
11.- CERTIFICATION ISSUED BY THE INSTITUTION RULING THE ADOPTIONS IN THE COUNTRY OF RESIDENCY STATING THAT THIS INSTITUTION SHALL BE FOLLOWING-UP THE SITUATION OF THE ADOPTEE UNTIL ITS NATURALIZATION.
Adoptive parents must be older than (30) years, art. 117, there must be an age difference of 15 years between adopting parents and adoptive children. except special cases Law 136-03. Arts. 117 y 123.
Only aliens/foreign persons who are married at least 5 years and heterosexual could adopt. Art. 165.
The same documentation required by art. 140 of the Law 136-03 for the National Privileged Adoption, but must originate from the country of residence of the adopting parents. These documents are as follows:
Psychological Evaluation from Adopting Parents. Art. 140 literal a) This Evaluation must be issued by government board and licensed authorities.
Social and Biological Evaluation from the Adopting Parents. Art. 140 a).
Letter of Intention for Adoption to CONANI, issued by the adopting parents and handed in personally at the beginning of the process (Legalized Consent for Adoption). Art.140.
Birth Certificate certified by the Office of Vital Records. Art. 140 literal c).
Marriage Certificate. Art. 140 literal d).
Certificate of Non-Delinquency issued by the Police Authorities or other designee Art. 140 literal j).
Letter issued by a non-profit organization (such as religious, community or civic) which states moral and social integrity of the adopting parents. Art. 140 literal g).
Individual Medical Certificate of the Adopting Parents Art. 140 literal k).
Photographs of the Adopting Parents.
Identification Cards of Biological Parents. (In case the child or Adolescent has been voluntary given away for adoption. Art. 140 literal m).
Photocopy of Passport of the Adopting Parents. (Art. 140 literal m).
Adoption Agreement Act of Children over age 12 (If Adopting parents already have children of their own Art. 140 literal n).
Must submit Official Certification of the entity that is authorized by the state in charge of follow-up of the naturalization process of the child. Art. 166 literal a).
The adopting parents must reside in the Dominican Republic for at least (30) days, when children are over (12) years (60) days Art. 134 Paragraph I. when children are less than 12 years old.
Original Documents must be submitted and certified by the Dominican Consulate. Official Translations must be issued by a Court Interpreter, Certified by the Secretary of State and Secretary of Foreign Affairs. Art. 166.
Certification from the Inmigration and Naturalization and Department of the country of origin where stating the acceptance of the adopting child in that country.
NOTA:
All Adoptions made by aliens/foreign person must be communicated to the Consular Offices of the Dominican Republic in the country of residence, as well as of the country of origin of the adopting child.
All foresaid documents should be legalized before the Dominican Consulate nearest to prospective adoptive parent’s jurisdiction.
Procedure: After the documentation is completed and legalized we file it with the corresponding authorities. After a waiting period of around 4 months, the central adoption authority makes an evaluation in order to determine whether the prospective adoptive parents are capable of adopting a child under Dominican’s government requirements. If the parents are accepted, the central adoption authority starts the selection of available children taking into consideration the features described by the parents in the application and the needs of the children available. Once the selection is completed and the parents have agreed with such, they should come to D.R. in order to spend 60 days together with the child to be adopted (we can get a reduction of this stay-period of about 35 days off based on strong reasons for immediate return) afterwards, a social worker will make an interview to see the adaptation with the child; after this phase of the process is over, we shall file the adoption petition with the court and adoptive parents should attend the hearing.
After adoption decree is issued by court, we should start a process of obtaining birth certificate of children from civil registrar including the name of adoptive parents instead of biological parents. When this is finally obtained, then the immigration process should be started with consulate; citizens of the United States are suggested to initiate immigration process in U.S. at the same time in order to save time and expenses. We can guide you through this process with immigration authorities upon request.
Adoption process might take around 6-8months to be completed counting from the date the documents are received in our office. Even though the adoptive parents don’t need to stay for the entire process they can be required to be present at certain times throughout this length of time.
In the event biological parents decide they would like to give their child up for adoption to a third party, we could act as mediators/attorneys under the surveillance of the central adoption authority. The procedure is basically the same, except for the fact that there would not be any waiting period. Documents are filed together with the adoption petition once the prospective adoptive parents met the child through our firm and the period of stay with the child might begin immediately. Afterwards, the process will be as described above.
ABOUT THE AUTHOR: Master Intellectual Property, member to International Trademark Association (INTA); Inter-american Intellectual Property Association (ASIPI); European trademark owners association (MARQUES); International Bar Association (IBA); Dominican Republic Bar Association; admitted 1998; member to Anti-Counterfeiting Committee of INTA 2006-2007 (Latin America subcommittee); senior attorney at WDA international law firm with offices in Santo Domingo and Miami
PRACTICE AREAS: Intellectual Property law; corporate law; international commerce; advisor on real estate investments in Caribbean properties; adoption law.
